Did you use the Temu shopping app? You could be eligible to receive compensation. Find out your rights »

Case Status
Active
Court
U.S. District Court for the Eastern District of New York
Case Number
1:24-cv-3733-MKB-RML
Defendant(S)
Whaleco Inc. D/B/A Temu
PDD Holdings Inc. F/K/A Pinduoduo Inc.
File Date

WHAT’S THE ISSUE?

Hagens Berman represents consumers — including four children — against the creators of the wildly popular shopping app Temu, alleging the app makers lured users with the promise of low-cost goods only to capture and disseminate their private information to unauthorized parties. Experts state Temu is purposefully and intentionally loaded with tools to execute virulent and dangerous malware and spyware, capturing biometric data, WiFi information, camera access and more, all without users’ consent.

HOW DO I KNOW IF I’M AFFECTED?

According to Hagens Berman’s attorneys, anyone in the U.S. who has downloaded the Temu app is affected by its alleged activity. If you have done so, find out your rights.

Temu was the most downloaded app in the U.S. for the last few months of 2022 and remained there throughout 2023, achieving more than 100 million users in the United States by May 2023. Like our clients, we believe these individuals have all unknowingly had their data subjected to misappropriation by Temu. We believe they stand to risk their personal, highly sensitive data being used in unauthorized ways or sold.

ABOUT THE LAWSUIT AGAINST TEMU

Experts who have reviewed the app have concluded that Temu collects private user data far beyond what is necessary or legitimate for an online shopping app, including biometric information and private data. Experts have concluded that Temu collects vastly more information from users than is disclosed, meaning users are not able to consent to its collection.

According to the lawsuit, “Temu is able to hack your phone from the moment you install the app, overriding the data privacy settings you think you have in place, as well as your intentions...” Upon reviewing the Temu app code, privacy experts concluded that the app gains access to “literally everything on your phone.” Experts say Temu collects:

  • Content on users’ phones, including their contacts, text messages, photos and calendars
  • Camera and microphone access
  • Precise location data
  • Bluetooth and WiFi network information
  • Biometric info, including face scans and voice and fingerprints
  • Activity on other apps running on the user’s device
  • System information, operating processes and phone serial numbers

WHAT SHOULD TEMU USERS KNOW?

Hagens Berman urges those who may consider downloading the app to refrain, and if they have done so already, to consider next steps to monitor identity theft or other uses of their information online. We further caution those who have already installed the app, that Temu will likely use aggressive tactics, including the promise of rewards and discounts, to pressure users to spend a lot of time on the app, and to get their friends and family members to download the app. We urge users to refrain from doing so.

HOW CAN A CLASS ACTION HELP?

Hagens Berman has taken on Big Tech companies to protect consumer rights. Taking legal action ensures that companies will be held accountable for violating consumer rights. The firm’s lawsuit against Temu brings claims of violations of several consumer protection laws designed to thwart this very kind of deception. We seek an injunction of this behavior and compensation for the losses faced by its users. Hagens Berman’s lawsuit seeks to hold Temu accountable under the Computer Fraud and Abuse Act, Electronic Communications Privacy Act, state “Right to Privacy” laws and other state consumer fraud and deceptive business practices statutes, among others.

HIGH TECH LITIGATION ATTORNEYS

Hagens Berman is one of the most successful litigation law firms in the U.S. and has achieved settlements valued at more than $320 billion for consumers in lawsuits against corporations, automakers, big banks and others since our founding. The firm brings cutting-edge cases against major tech companies. While some of these companies believe they are too big to fail, the firm is well-practiced in uncovering violations of the law and holding responsible parties accountable for widespread wrongdoing.

NO COST TO YOU

In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to your legal team.

CASE TIMELINE

Amended Complaint Filed

Complaint Filed

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